Not to compete with employer, competence to do job, obedience, account for money + property recieved during course of employment, exercise reasonable skill + care, not to delegate duties without permission.

if related to trade unions activities, pregnancy, if related to health + safety representation, on basis of a conviction that is how spent, whistleblowing, trying to enforce statutory employment rights.

31 of 58

Whats the minimum period if dismissed for automatically unfair reasons

None

32 of 58

What are the other unfair reasons for dismissal

Selection for redundancy, unfair reason

33 of 58

What are excluded from the protection of unfair dismissal legislation

Employed

34 of 58

What are the remedies for unfair dismissal

Conciliation- if 1 party requests it, ACAs will try resolve before issuing to Tribunal, reinstatement- same job same role, re-engagement- same job different role, compensation - statutory formula

35 of 58

What is a basic award

A statutory defined maximum linked to age and service. Treated as statutory redundancy

36 of 58

What is compensatory award

Based on actual net earning, including benefits (statutory limit)

37 of 58

What is punitive additional award

Available if employer fails to comply with order of reinstatement or re-engagment

38 of 58

Redundancy can be given to those with what minimum service

2 years minimum

39 of 58

Reasons for redundancy

reduction in head count or fewer at location or that level

40 of 58

It is not redundancy when

employees contract requires them to work at places other than their present place of employment and employee relies on this.

41 of 58

If A job is abolished and A is moved into B's job and B is dismissed, is this redundancy

Yes

42 of 58

What happens if a redundant employee unreasonably refuses offer of future employmen

they lose their entitlement to redundancy pay

43 of 58

Whats the trial period an employee is entitled to in the alternative employement

4 weeks

44 of 58

What happens if alternative employment is terminated - by either employee or employer

treated as case of redundancy at expiry date of the old employement

45 of 58

The employee must qualify for redundancy by

Having been continuously employed for at least 2 years, having been dismissed (or laid off = 4 weeks or put on short time = half normal pay) and reason for their dismissal being redundancy

46 of 58

How is pay calculated

with reference to age and length or service with a weeks' pay taken in final week of employment.

If there are justifiable technical or organisational reasons for doing so

51 of 58

Constructive dismissal is

when employer commits a serious breach of employment contract + employee leaves as a result of the breach

52 of 58

what is not constructive dismissal

Failure to promote employee

53 of 58

When does constructive dismissal happen

When Employer repudiates a vital term of the contract + employee resigns because of the repudiation

54 of 58

Who's liable for breach

Employer

55 of 58

Who can claim for unfair dismissal

Employee

56 of 58

What must the employee show

That the breach was serious (e.g. major change in duties)

57 of 58

Kevin Keegan V Newcastle united football club 2010

K resigned as manager of NUFC after a player was signed by the club against his wishes by NUFC's director of football. K felt had no option but to resign. Held: K awarded £2m damages for constructive dismissal